Certificate of Land Use Rights are issued to individuals and Certificate of Land Use Rights are issued to households

The Land Law 2013 stipulates that Certificates of land use rights, ownership of houses and other assets attached to land can be issued to households or individuals.

Certificate of Land Use Rights issued to individuals only record the name of that individual and only the individual is the owner and user of the property. In fact, Certificate of Land Use Rights recording individual names are often issued in urban areas.

If a Certificate of Land Use Rights is issued to a household, the person whose name is on the book is the representative of the household, usually the head of the household. However, land use rights and ownership of assets attached to land belong to all members of the household using the land.

Clause 29, Article 3 of the Land Law explains members of households using land are people who are related by marriage, blood, or foster care according to the provisions of the law on marriage and family, are living together and have the right to use common land at the time of land allocation or lease by the State. recognition of land use rights; receive land use rights transfer.

When selling a house or land, do you need to consult someone with the same household registration?

Clause 5, Article 14 of Circular No. 02/2015/TT-BTNMT regulations, the person whose name is on the Certificate of Land Use Rights when signing contracts and transaction documents regarding land use rights and home ownership rights of the household must be approved in writing by all members of the household. That document must be notarized and authenticated according to regulations.

Accordingly, in the case of a Certificate of Land Use Rights issued to an individual, when selling a house or land, the person whose name is on the Book does not need to ask anyone's opinion; In case the Certificate of Land Use Rights is issued to a household, the opinions of household members must be sought.

It is worth mentioning that the members of the household using the land and the members in the household registration book are not always the same. There are people whose names are in the household registration book but are not members of the household using the land such as relatives or acquaintances who enter through household registration... For these people, there is no need to get their opinion when selling houses or land.

The requirement to consult people with the same household registration is only set if they are related by marriage, blood, adoption, are living together and have the right to use common land at the time of land allocation or lease by the State, recognizing land use rights, receiving land use rights transfer.